I have recieved an NIP for a sppeding offence (51 in a 40 zone)

the incident occured on the 5/12/2011 and they have sent the NIP to the RK (my place of work) dated the 13th Janaury 2012.

as there is longer than 14 days from the date of offence to the date of issue of the NIP i have sent them a template letter stating that the notice will be disregarded due to it being outside the 14 day parameter.

Does this sound like its going to work???? is this correct?!?!? HELP!

They are probably not the RK. I reckon a lease company is actually the RK in this case.

who is the register keeper, ie whose name is on the log book

is it your company, if not why are you replying, its not addressed to you

nb you must reply naming yourself anyway up

Even if the 14 day limited has been breached it does not absolve you of the requirement to name the driver......

Simon

NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - December 2011
Date of the NIP: - 39 days after the offence
Date you received the NIP: - 42 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A557 WIDNES EASTERN BYPASS SOUTHERN EXTENSION..RUNCORN
Was the NIP addressed to you? - No
Was the NIP sent by first class post, second class or recorded delivery? - Not known
If your are not the Registered Keeper, what is your relationship to the vehicle? - COMPANY CAR
How many current points do you have? - 6
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - DOING 51 ON A 40 ZONE (BYPASS) I WAS ZAPPED BY A MANNED CAMERA. NIP HAS COME TO MY PLACE OF WORK ADDRESSED TO THE BUSINESS ONLY NO ONE INDIVIDUAL AND ITS 14 DAYS FROM INCIDENT TO THE DATE ON THE NIP.

NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - No
Is the NIP addressed to you personally? - No

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:

• Do nothing!
  
  The police are not requesting the information from you, they are requesting it from the person the NIP is addressed to.
  Wait until you receive a NIP addressed to you personally, then come back here.

Generated by the PePiPoo NIP Wizard v3.3.2: Mon, 16 Jan 2012 16:29:20 +0000

NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - December 2011
Date of the NIP: - 39 days after the offence
Date you received the NIP: - 42 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A557 WIDNES EASTERN BYPASS SOUTHERN EXTENSION..RUNCORN
Was the NIP addressed to you? - No
Was the NIP sent by first class post, second class or recorded delivery? - Not known
If your are not the Registered Keeper, what is your relationship to the vehicle? - COMPANY CAR
How many current points do you have? - 6
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - DOING 51 ON A 40 ZONE (BYPASS) I WAS ZAPPED BY A MANNED CAMERA. NIP HAS COME TO MY PLACE OF WORK ADDRESSED TO THE BUSINESS ONLY NO ONE INDIVIDUAL AND ITS 14 DAYS FROM INCIDENT TO THE DATE ON THE NIP.

NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - No
Is the NIP addressed to you personally? - No
- No

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:

Generated by the PePiPoo NIP Wizard v3.3.2: Mon, 16 Jan 2012 16:29:23 +0000

When you get your own s172 that is

I'm a director of the business the NIP has been sent to. so have sent them a reply as a director that its outside the 14 days and therefore no longer valid.

You need to answer this question

Have you posted the form back yet?

As mentioned, you still need to ID the driver even if the NIP is late.......

Simon

The registered Keeper is the company (company on the logbook)

I am a director of that company therefore replying to them informing them its outside the 14 days

do i still need to name myslef as the driver? and if so can i do this as well as state the NIP is outside 14 days from date of offence to Issue




Not yet, its in the out tray as we speak!!!



Also the logbook states the business name/address

well in that case, if the company has been rk for some time and not moved address etc, then yes you have a defence, have you sent the letter ? if so put it up and lets see it

yes you MUST reply naming yourself or it will be a fine and maybe 6 points, dependent on if its a ltd company or not

ok, i've pulled it out of the post box. Yes we are a LTD Co and the logbook states the address we have been at for the last 2 years or so.

copy of letter template

Date: 16/01/2012

To whom it may concern,

NOTICE OF INTENDED PROSECUTION – C24358274

I am in receipt of your Notice of Intended Prosecution dated 13/01/2012 (copy enclosed).

You have written to Integra People Ltd as the Registered Keeper of the vehicle mentioned in your Notice in connection with an alleged speeding offence. I can confirm that we are the registered keeper of the vehicle.

I received no verbal notice of the intended prosecution at the time of the alleged offence and the written Notice dated 13th January 2012 is the first indication from you of any intention to prosecute for this alleged offence.

The Notice describes an alleged offence at 11:54 on 05/12/2011. However, the Notice is dated 13/01/2012 which is more than 14 days from the date of the alleged offence. I understand that, for this Notice to be valid it should have been received by me within 14 days of the alleged offence. Please confirm that no further action will be taken in respect of this alleged incident.

Yours sincerely,

For and on behalf of Integra People Ltd
Paul Quinn

yep that will do

you do indeed have a defence, but it could be an easy one of a difficult one

if this is the first notice, they will drop it, no doubt, however if they can show they sent one in time, but as they didnt hear back, they sent another then its far more complicated to defend, but it is a defence

as has been said a couple of times, fill in the form and send it back recorded delivery or your giving them an alternate offence to prosecute the company for, circa a 1k fine

ok, thats great, thanks for your help. i'll complete the NIP declaring me as the driver include the letter and see what happens!!!!

The sequence needs to be:

1) The company must reply naming you as the driver. You can sign, but make it quite clear you are signing as a director on behalf of the company.

2) You should receive a NIP personally. You still need to reply to that nominating yourself as the driver, but you can then point out that the original NIP was out of time. (Provided the company has not changed address, the correct address is on the V5C and the date of the V5C predates the offence)

yes agree, send the form back first, then wait for your own 172 to send letter back with

The OPs who get themselves into the most trouble are the ones who send letters instead of providing the information legally required.

You MUST name a driver or the company will be heavily fined.

Another common pitfall is the director who names himself in his company officer capacity but doesn't reply to his own personal NIP.

Is there another company officer who can return the form naming you to avoid any confusion ?

Yes there's 2 other directors so I can get one of them to sign the letter and I'll fill the nip in

Don't send any letter at this stage.

no get them to fill the nip in and hold off on the letter till you get your own nip

follow instructions bud, don't go off piste

No, just get one of them to fill in the NIP. Don't send any letters

Two years at current address and business has been registered keeper of vehicle for how long?

So to get this right..............

1: complete the NIP stating that i was the driver at the time of the incident and return this recorded delivery without any letter
2: wait for a NIP to arrive at my home address
3: Contest the NIP once i receive it to my home address stating the fact that it was issued 14 days after the date of incident
4: use the same template as i uploaded yesterday?


Getting confused now?"?!?!?

When did the company acquire the vehicle in question i.e. what is the docref on the V5? If the vehicle was bought recently, then you can't rely on the lat service defence s the "original" NIP may have gone to the previous keeper.

If the docref date on the V5 is before the date of the alleged offence then you have what appears to be a late-served NIP

1: complete the NIP in your capacity as director stating that you were the driver at the time of the incident and return this recorded delivery without any letter
2: wait for a NIP to arrive at your home address
3: complete and return the NIP in your own name. At this point you may wish to point out that the NIP to your company was served outside the 14 day period

Keep copies of the filled in and signed NIPS and any other correspondence

we moved to this office around july 2010 and a few months after we'd been here we leased 3 cars from Audi so all the documents, logbooks etc are all registered to this address and haven't changed.

Double-check those documents that they state clearly that the vehicle is registered to your company at their registered or trading address.

The timings of the NIP look very much like the second in the chain after a response from a lease company.

When you say "double check those documents" What documents do i need to be checking?

The V5C, commonly known as the logbook

I have a car leased rom Audi and the RK is Audi Finance in Milton Keynes. Does the company have the physical V5C in their possession ?

Going to take a look now, if its in Audis name i may as well forgot it and take the points!!!

Yup..... that's what we've been saying since the first reply......

I thought you had already checked?